ACCIDENT RESPONSE
What should you do if state agency people or property are involved in an accident? It might be a trip and fall near your front door, a car accident, a visitor's sudden collapse.
At that moment, at the scene you cannot be sure who, if anyone is at fault or who may file a claim. What, then, is the RIGHT thing to do? What does the law say you should do? Will your agency back you up? Will you make things better or worse?
WHAT TO DO FIRST
Mitigate: The first thing to do is protect yourself from injury so you can help others. Next protect others from further injury. Do only what you know how to do. Get help! Provide first aid if you are qualified. Defer to someone with better qualifications, including public safety officials.
If an injured person is conscious, ask if he or she needs an ambulance, if anyone is, or may be, seriously injured or is unconscious, call 911.
Prevent: Take steps to prevent more loss. Protect the scene appropriately with barriers, guards, flares, etc. If what caused the incident should be repaired or taken out of use until repaired, see it done. Assure that any physical evidence is preserved. Again, defer to facilities managers or other specialists at the scene.
Investigate the scene: Get the basic facts. Write down names, addresses, and day and night phone numbers of the parties involved and any witnesses. Make brief notes of what people say and do at the scene. Take pictures if practical.
Your gathering facts and evidence will help everyone. They will help us know what to do if a claim is made against you or the state. They will help us decide the state's liability and resolve the case quickly and fairly
Follow up: File a report with us as soon as possible, even if you think a claim may not be made. Send us our RMI Auto/General Liability Claims Report. Include any pictures, notes or evidence. Include any reports, like Department of Motor Vehicles' accident and insurance report. Do not delay reporting. If an injured party has to be removed from the scene by ambulance or a vehicle has to be towed away fax a report to us at (304) 766-2653 within 24 hours.
Be yourself: If you would like to do so call the injured party or his or her family later to see how he or she is doing. Human concern is not against the rules.
WHAT NEVER TO DO:
Admissions: Do not admit fault or liability. That is our job. Fault or liability is only determined after an investigation of the facts and laws. Of course, helping and saying, "I'm sorry this happened," is not admitting fault. It is just showing concern.
False assurances: Do not say things to reassure that you do not know or control; things like: "The state will pay the bills," or "Don't worry, we will take care of it." Do not make promises or give assurances that you cannot keep.
Delay: Don't let anyone delay your prompt report to us of a possible claim. Missing documentation or reports can be supplied later. If our report form is not handy, you can start things just by giving us a call or fax.
If your agency requires its own reporting procedure, just tell us a more detailed, "official" report will also be coming. You can be left personally liable if your failure to report impairs the state's ability to defend you.
Statements: Know to whom you are talking. Do not give statements or opinions to unknown investigators. Talk to us, to our agent, to the state attorneys.
In brief: Don't volunteer for an
accident. But if it happens, take the right steps to lessen the
harm for everyone involved.